WORLD TRADE  
ORGANIZATION  WT/DS390/1 
G/L/882 
G/SCM/D83/1 G/AG/GEN/82 
22 January 2009 
 
 
(09-0278) 
 Original:   English 
 
  
CHINA – GRANTS, LOANS AND OTHER INCENTIVES 
 
Request for Consultations by Guatemala
 
 
 
 The following communication, dated 19 January  2009, from the delegation of Guatemala to 
the delegation of China and to the Chairman of the Dispute Settlement Body, is circulated in 
accordance with Article 4.4 of the DSU. 
 
_______________ 
 
  The Government of Guatemala  hereby request s consultations with the Government of the 
People's Republic of China ("PRC") pursuant to Articles 1 and 4 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes,  Article XXII:1 of the General Agreement on 
Tariffs and Trade 1994  ("GATT 1994"), Articles 4 and 30 of the Agreement on Subsidies and 
Countervailing Measures ("SCM Agreement"), and Article 19 of the Agreement on Agriculture , with 
regard to certain measures offering grants, loans, and other incentives to enterprises in China.  As 
required by Article 4.2 of the SCM Agreement, a Stat ement of Available Evidence is attached to this 
request for consultations.  
 A. These grants, loans, and other incentives are re flected in the following measures, as well as in 
any amendments or any related or implementing measures: 
I. The instruments below, that  relate to the China World Top Brand Programme:  
CWTB-1. Circular on Carrying Out Evaluation of Products to Be Recognized as China 
World Top Brand
1; 
 
CWTB-2. Circular on Application of China World Top Brands in 20062; 
 CWTB-3. Circular on Application of China World Top Brands in 2008
3; 
 
CWTB-4. Measures for the Administrati on of Chinese Name-Brand Products4; 
 CWTB-5. Notice Concerning the Issuing of Opinions on Promoting the Brand-Driven 
Strategy & Its Incentive Measures
5; 
                                                      
1 GZJZ [2005] No. 95. 
2 ZJZH [2006] No. 11. 
3 ZJZH [2008] No. 23. 
4 AQSIQ Order No. 12 (29 December 2001). 
5 FFB [2007] No. 274. WT/DS390/1, G/L/882,  
G/SCM/D83/1, G/AG/GEN/82 Page 2 
 
 
  CWTB-6. Notices Concerning Printing and Distribu ting the Implementation Regulation on 
Economic Development Fund Supporting Industrial Technology Progress in 
Futian District Shenzhen
6; 
 
CWTB-7. Notices of Gansu Provincial People's Government Concerning Printing and 
Distributing Incentive Methods for Ent erprises Entitled with Famous Brand 
Products in Gansu Province7; 
 CWTB-8. Notice on Methods of Implementing Brand Praise and Incentive for Industrial 
Enterprises in Guangxi Zh uang Autonomous Region
8; 
 CWTB-9. Several Related Policies on Implemen tation of Guiyang's Science and 
Technology Development Planning During the "Eleventh Five-Year Plan" 
(2006-2010 )
9; 
 
CWTB-10. Opinions of the Party Committee and People's Government of Jinhua City on 
Promoting the Building of "Jinhua Brand "10; 
 CWTB-11. Circular of Jiujiang Municipal People 's Government on Adjusting and Enriching 
the Incentive Policy for Creating a City of Brand
11; 
 
CWTB-12. Circular on Printing and Distributing the Method of Nanhai District, Foshan 
City for Supporting and Awarding Inde pendent Innovation, Brand Drive and 
Enterprise IPO12; 
 
CWTB-13. Opinions of Nanping Municipal  People's Government on Supporting 
Development of Key Industrial Enterprise13; 
 CWTB-14. Opinions on Promoting Fast and Hea lthy Development of Characteristic 
Manufacturing Industry through Impl ementing Industrial Upgrading Projects
14; 
 
CWTB-15. Circular of Sichuan Provincial People's Government on Printing and 
Distributing the "Opinions on Forcefully Pressing Ahead Industrial Brands 
Strategy in Sichuan "15; 
 CWTB-16. Circular on Forwarding the Detailed Reward  Rules for the Strategy of Drive 
with Top Brands in Suzhou City
16; 
 CWTB-17. Circular on Forwarding the Policy Measu res for Pushing on the Strategy of 
Drive with Top Brands
17; 
                                                      
6 FBF [2007] No. 53. 
7 GZF [2007] No. 72. 
8 Gui Zheng Ban Fa [2007] No. 42. 
9 ZFF [2006] No. 51. 
10 SW [2006] No. 21. 
11 JZW [2007] No. 93. 
12 NF [2007] No. 128. 
13 Nan Zheng Zong [2007] No. 219. 
14 QWF [2007] No. 20. 
15 CFF [2007] No. 38. 
16 SFB [2005] No. 109. 
17 SFB [2005] No. 115.  WT/DS390/1, G/L/882,  
 G/SCM/D83/1, G/AG/GEN/82  Page 3 
 
 
   
CWTB-18. Notice Issued by the Office of We nzhou Municipal Government for the 
Distribution of Quality & Branding Award Management Measures in 
Wenzhou
18; 
 
CWTB-19. Opinions of Wuyi County Party Committee and People's Government on Further 
Encouraging and Promoting the Development of SMEs19; 
 CWTB-20. Notices Concerning Printing and Distributing the Implementing Regulations 
Issued by the Bureau of Finance and the Economic Development Administration 
of Xiamen to Support the Development of  High Quality Well-Known Products in 
Xiamen
20; 
 CWTB-21. Suggestions on Supporting Key Industrial Enterprises Issued by the People's 
Government of Yandu District, Yancheng City
21; 
 CWTB-22. Suggestions on Accelerating the Implementation of Brand Strategy
22; 
 CWTB-23. Circular on Ensuring Proper Use and Management of Guangdong Brand 
Development Fund
23; 
 
CWTB-24. Notice of Issuing the Directive on Supporting the Development of Name Brands 
for Export .24 
 
II. The instruments below, that relate to the Chinese Famous Export Brand Programme: 
FXB-1. Circular of the General Office of th e State Bureau of Quality Supervision, 
Inspection and Quarantine for Issuing the "Measures for the Control of 
Evaluation of Chinese Famous-Brand Pr oducts (for Trial Implementation) "25; 
 FXB-2. Notice of General Office of Ministry of Commerce Concerning Recommending 
Candidates of "Chinese Export Famous Brands "
26; 
 
FXB-3. Notice of Issuing the Directive on Supporting the Development of Name Brands 
for Export27; 
 FXB-4. Circular of Changxing County People's Government on Further Promoting 
Foreign Trade Development
28; 
 FXB-5. Opinions of Deqing County People's Go vernment on Strengthening the Building 
of Advanced Manufacturing Bases
29; 
                                                      
18 WZB [2006] No. 147. 
19 Available at:  http://www.zjwy.gov.cn/dzwk/w j_style.jsp?fileID=1312. 
20 Xiacaiqui [2007] No. 21. 
21 DZF [2007] No. 102. 
22 ZZF [2007] No. 81. 
23 YCF [2007] No. 64. 
24 Shang Mao [2005] No. 124. 
25 Guozhijian [2001] No. 32. 
26 SBMH [2007] No. 25. 
27 Shang Mao [2005] No. 124. 
28 CZF [2005] No. 45. WT/DS390/1, G/L/882,  
G/SCM/D83/1, G/AG/GEN/82 Page 4 
 
 
   
FXB-6. Circular on Printing and Distributing th e Policy Opinions for Accelerating 
Innovative Development of Industrial Economy
30; 
 
FXB-7. Notice Concerning the Issuing of Opinions on Promoting the Brand-Driven 
Strategy & Its Incentive Measures31; 
 FXB-8. Circular on Printing and Distributing the "Provisional Regulation on the Use of 
Fujian Export Brand Development Fund "
32; 
 
FXB-9. Circular of the Foreign Trade and Economic Cooperation Department of Fujian 
Province on Recommending Candidate Enterprise for the 2008-2009 "Famous 
Export Brands the Foreign Trade and Ec onomic Cooperation Department of 
Fujian Province Mainly Cultivates and Develops [Foreign Trade and Economic 
Cooperation Department of Fujian Province ]33; 
 FXB-10. Circular on Printing and Distributing the Opinions on Recognizing "Famous 
Export Brands the Foreign Trade and Ec onomic Cooperation Department of 
Guangdong Province Mainly Cultivates and Develops "
34; 
 
FXB-11. Suggestions on the "Export Brands Partic ularly Cultivated and Developed by the 
Department of Foreign Trade and Ec onomic Cooperation Department of 
Guangdong Province" (Revised Edition )35; 
 FXB-12. Notices Concerning Alternative Name List Supplementary to the Export Brands 
Particularly Cultivated and Developed by  the Department of Foreign Trade and 
Economic Cooperation of Guangdong Province
36; 
 FXB-13. Circular on Ensuring Proper Use and Management of Guangdong Brand 
Development Fund
37; 
 
FXB-14. Notice Regarding Support Policies to Prom ote the Development of Our City's 
Foreign Trade and Economic Cooperation for 200538; 
 FXB-15. Notice of the Administrative Office of the Hangzhou Municipal People's 
Government on Revision of the Evaluation and Selection Requirements and 
Award Measures for the "Golden Dragon Awards" in Hangzhou's Foreign Trade 
Export
39; 
 
                                                                                                                                                                     
29 DZF [2008] No. 29. 
30 CZF [2007] No. 54. 
31 FFB [2007] No. 274. 
32 MCW [2007] No. 17. 
33 MWJMF [2008] No. 31. 
34 YWJMJZ [2007] No. 1. 
35 Available at:  http://www.gddoftec.gov.cn/jsmyc/main/s hownews.asp?newsid=299&channalid=16. 
36 YWJMJH [2008] 31. 
37 YCF [2007] No. 64. 
38 Hang Wai Jing Mao Ji Cai [2005] No. 225; Hang Cai Qi Er [2005] No. 602. 
39 Hang Zheng Ban [2007] No. 47.  WT/DS390/1, G/L/882,  
 G/SCM/D83/1, G/AG/GEN/82  Page 5 
 
 
  FXB-16. Directives of the Administrative Office of the Hangzhou Municipal People's 
Government on Promoting the Developm ent of Independent Export Brands
40; 
 
FXB-17. Circular of the Provincial Department of Commerce, Development and Reform 
Commission, Economic Commission, Department of Finance, Department of Science and Technology, Bureau of State Tax, Administration for Industry and Commerce, Bureau of Quality and T echnical Supervision, and Entry-Exit 
Inspection and Quarantine Bureau of  Heilongjiang Province and Harbin 
Customs on Printing and Distributing the "Guiding Opinions of Heilongjiang 
Province on Supporting the Developm ent of Famous Export Brands
41; 
 FXB-18. Circular on Printing and Distributing the Newly Revised "Method for Selection 
of Henan Famous Export Brands "
42; 
 
FXB-19. Guiding Opinions on Supporting the D evelopment of Henan (Famous) Export 
Brands in the "11th Five-Year Plan" Period43; 
 FXB-20. Notice Regarding Selection of 2007-2008 "Jiangsu Province Export Brands for 
Focused Cultivation and Development "
44; 
 
FXB-21. Opinion on Promoting Better and Quicker Development of Private Econom y45; 
 FXB-22. Opinion of the Party Committee and People's Government of Jinhua City on 
Promoting the Building of "Jinhua Brand "
46; 
 
FXB-23. Opinions of Jindong District Party Committee and People's Government of 
Jinhua City on Accelerating Industr ial and Export-Oriented Economic 
Development47; 
 FXB-24. Circular of Jiujiang Municipal People 's Government on Adjusting and Enriching 
the Incentive Policy for Creating a City of Brand
48; 
 
FXB-25. Circular on Printing and Distributing the Method of Nanhai District, Foshan 
City for Supporting and Awarding Inde pendent Innovation, Brand Drive and 
Enterprise IPO49; 
 
FXB-26. Notice of the Department of Commerce and Department of Finance of Ningxia 
Hui Autonomous Region on Printing and Issuing the Administrative Measures of 
Ningxia Hui Autonomous Region for th e Awarding and Promoting of Brand 
Export Commodities50; 
 
                                                      
40 Hang Zheng Ban [2007] No. 10. 
41 Hei Shang Lian Fa [2006] No. 1. 
42 Yu Shang Mao [2008] No. 1. 
43 Yushangmao [2006] No. 13. 
44 Suwaijingmaomao 2007 No. 122. 
45 JZF [2007] No. 113. 
46 SW [2006] No. 21. 
47 Available at:  http://zsj.jindong.gov.cn/news/ZCFG_9214/200811431343.html. 
48 JZW [2007] No. 93. 
49 NF [2007] No. 128. 
50 Ning Shang (Gui Cai) FA [2006] No. 159. WT/DS390/1, G/L/882,  
G/SCM/D83/1, G/AG/GEN/82 Page 6 
 
 
  FXB-27. Notice of the People's Government of Quanzhou Fengze District on Issuing 
Regulations Concerning the Support to Key Enterprises
51; 
 
FXB-28. Opinion on Promoting Fast and Health y Development of Characteristic 
Manufacturing Industry through Impl ementing Industrial Upgrading Projects52; 
 FXB-29. Notice on Printing and Distribution of 2006 Policies for Encouraging the 
Development of Foreign Trade & Economic Cooperation in Shandong
53; 
 
FXB-30. Opinions of Shaoxing Municipal Peopl e's Government on Further Encouraging 
the Development of Open Economy in Urban Areas54; 
 FXB-31. Circular of Sichuan Provincial People's Government on Printing and 
Distributing the "Opinions on Forcefully Pressing Ahead Industrial Brands 
Strategy in Sichuan "
55; 
 FXB-32. Circular on Forwarding the Detailed Rewa rd Rules for the Strategy of Drive with 
Top Brands in Suzhou City
56; 
 FXB-33. Circular on Forwarding the Policy Measu res for Pushing on the Strategy of 
Drive with Top Brands
57; 
 FXB-34. Circular on Forwarding the Opinions of Foreign Trade Office of Tianjin 
Municipal Government on Accelerating Development of Proprietary Export 
Brands of Tianjin City
58; 
 
FXB-35. Circular of Wuxing District Peopl e's Government of Huzhou City on Further 
Encouraging Foreign Trade Development59; 
 FXB-36. Opinion of Wuyi County Party Committee and People's Government on Further 
Encouraging and Promoting the Development of SMEs
60; 
 
FXB-37. Measures for Managing Xiamen's Key Export Enterprise Assistance Fund61; 
 FXB-38. Notice from the Xiamen Trade Devel opment Bureau and the Xiamen Finance 
Bureau on the publishing of Measures for Managing Xiamen's Key Export 
Enterprise Assistance Fund Implementation Plan
62; 
 
                                                      
51 Quanfengzhengzong [2008] No. 22. 
52 QWF [2007] No. 20. 
53 LCQ [2006] No. 5. 
54 SZF [2007] No. 66. 
55 CFF [2007] No. 38. 
56 SFB [2005] No. 109. 
57 SFB [2005] No. 115. 
58 JZF [2007] No. 005. 
59 WZF [2005] No. 9. 
60 Available at:  http://www.zjwy.gov.cn/dzwk/w j_style.jsp?fileID=1312. 
61 Xia Fu Ban [2006] No. 117. 
62 Xiamen Trade Development Gui Cai [2006] No. 268.  WT/DS390/1, G/L/882,  
 G/SCM/D83/1, G/AG/GEN/82  Page 7 
 
 
  FXB-39. CPC Committee of Yinzhou District, Ningbo City People's Government of 
Yinzhou District, Ningbo City Opinions on Promoting Economic Development of 
Yinzhou District
63; 
 
FXB-40. Notices on Publication of Interim Procedures on Management of Zhejiang 
Province Export Brands Fund64; 
 FXB-41. Notice Concerning Relevant Policies on Promotion of Foreign Trade & 
Economic Development in 2005
65; 
 
FXB-42. Suggestions on Accelerating the Implementation of Brand Strategy66; 
 FXB-43. Notice Issued by the Office of We nzhou Municipal Government for the 
Distribution of Quality & Branding Award Management Measures in 
Wenzhou
67; 
 FXB-44. Opinions on Accelerating Open Economy of Organizations Directly Under 
Municipal Government
68; 
 FXB-45. Opinion of Nanping Municipal People's Government on Supporting 
Development of Key Industrial Enterprises
69; 
 FXB-46. Circular on Printing and Distributing the Interim Measures of Yangzhou City for 
Administration of the Incentive Fund for Famous-brand Export Products
70; 
 
FXB-47. Implementing Rules of Support Policies for Patented Brands of Service 
Outsourcing Companies by Zhabei District71; 
 FXB-48. Notices for Evaluation and Rewards of 2008-2009 Export Br and Particularly 
Cultivated and Developed in Heilongjiang
72; 
 
FXB-49. Measures for the Administration of Fa mous-Brand (Industrial) Products of 
Guangdong Province73; 
 FXB-50. Measures for the Administration of Fa mous-Brand (Agricultural) Products of 
Guangdong Province
74; 
 
                                                      
63 YYD [2008] No. 1. 
64 ZCQZ [2006] No. 207. 
65 ZCQZ [2005] No. 145. 
66 ZZF [2007] No. 81. 
67 WZB [2006] No. 147. 
68 LZF [2004] No. 38. 
69 Nan Zheng Zong [2007] No. 219. 
70 YCQ [2007] No. 23; YWJMM [2007] No. 008. 
71 Economic Commission of Zhabei District, Shanghai (June 2007) available at:  
http://www.shiso.gov.cn/Policy/ZBPolicydetail.aspx?id=77. 
72 HSMF [2008] No. 37. 
73 Available at:   http://www.lawinfochina.com/law/d isplay.asp?db=1&id=2737&keyword= 
famous%20brand%20guangdong. 
74 Available at:   http://www.lawinfochina.com/law/d isplay.asp?db=1&id=2768&keyword= 
famous%20brand%20guangdong. WT/DS390/1, G/L/882,  
G/SCM/D83/1, G/AG/GEN/82 Page 8 
 
 
  FXB-51. Circular of Ministry of Commerce, China Export & Credit Insurance 
Corporation Concerning Utilizing Expor t Credit Insurance to Support the 
Development of Name Brand Export .
75 
 
III. The instruments below: 
L-1. Notice Regarding Support Policies to Prom ote the Development of Our City's 
Foreign Trade and Economic Cooperation for 200576; 
 L-2. Opinions of Jindong District Party Committee and People's Government of 
Jinhua City on Accelerating Industr ial and Export-Oriented Economic 
Development
77; 
 L-3. Opinions of Shaoxing Municipal Peopl e's Government on Further Encouraging 
the Development of Open Economy in Urban Areas
78; 
 
L-4. Notice Concerning Relevant Policies on Promotion of Foreign Trade 
& Economic Development in 200579; 
 L-5. Circular of the Provincial Department of Commerce, Development and Reform 
Commission, Economic Commission, Department of Finance, Department of 
Science and Technology, Bureau of State Tax, Administration for Industry and 
Commerce, Bureau of Quality and T echnical Supervision, and Entry-Exit 
Inspection and Quarantine Bureau of  Heilongjiang Province and Harbin 
Customs on Printing and Distributing the "Guiding Opinions of Heilongjiang 
Province on Supporting the Developm ent of Famous Export Brands
80; 
 
L-6. Opinions on Accelerating Open Economy of Organizations Directly Under 
Municipal Government81; 
 L-7. Circular of Nanchang Municipal Pe ople's Government on Printing and 
Distributing the Interim Measures for Administration of Nanchang Foreign 
Trade Development Fund
82; 
 L-8. Trial Opinions of Jiangdong District, Ni ngbo City on Promoting Steady Foreign 
Trade Development
83; 
 
L-9. Opinions of Jiangdong District, Ningbo City on Promoting Steady Foreign 
Trade Development84; 
 
                                                      
75 Shang Mao Fa [2005] No. 332. 
76 Hang Wai Jing Mao Ji Cai [2005] No. 225;  Hang Cai Qi Er [2005] No. 602. 
77 Available at:  http://zsj.jindong.gov.cn/news/ZCFG_9214/200811431343.html. 
78 SZF [2007] No. 66. 
79 ZCQZ [2005] No. 145. 
80 Hei Shang Lian Fa [2006] No. 1. 
81 LZF [2004] No. 38. 
82 Hong Fu Fa [2007] No. 31. 
83 DZF [2004] No. 13. 
84 Dong Zheng Fa [2005] No. 25.  WT/DS390/1, G/L/882,  
 G/SCM/D83/1, G/AG/GEN/82  Page 9 
 
 
  L-10. 2005 Policies for Encouraging the D evelopment of Foreign Trade & Economic 
Cooperation in Shandong
85; 
 L-11. Notice on Printing and Distribution of 2006 Policies for Encouraging the 
Development of Foreign Trade & Economic Cooperation in Shandong
86 ; 
 L-12. Notice on Printing and Distribution of 2003 Policies for Encouraging and 
Expanding Foreign Trade Export to Shandong
87; 
 
L-13. 2004 Policies for Encouraging the D evelopment of Foreign Trade & Economic 
Cooperation in Shandong88; 
 L-14. Circular of Wuxing District People's Government on Further Encouraging the 
Development of Open Economy in Urban Areas
89; 
 
L-15. Measures for Managing Xiamen's Key Export Enterprise Assistance Fund90; 
 L-16. Notice from the Xiamen Trade Devel opment Bureau and the Xiamen Finance 
Bureau on the publishing of Measures for Managing Xiamen's Key Export 
Enterprise Assistance Fund Implementation Plan
91; 
 
L-17. Opinions on Further Accelerating the Development of Open Economy92; 
 L-18. CPC Committee of Yinzhou District, Ningbo City People's Government of 
Yinzhou District, Ningbo City Opinions on Promoting Economic Development of 
Yinzhou District
93; 
 L-19. Notices on Publication of Interim Procedures on Management of Zhejiang 
Province Export Brands Fund
94; 
 L-20. Circular on Changxing County People's Government on Further Promoting 
Foreign Trade Development
95; 
 L-21. Notices Concerning Printing and Distribu ting the Implementation Regulation on 
Economic Development Fund Supporting Industrial Technology Progress in 
Futian District Shenzhen
96; 
 
L-22. Notice Issued by the Office of We nzhou Municipal Government for the 
Distribution of Quality & Branding Award Management Measures in 
Wenzhou97; 
                                                      
85 Available at:  http://shandong.mofcom.gov.cn/aarticle/sjtongzhigg/200502/20050200018389.html. 
86 LCQ [2006] No. 5. 
87 LWJMJCZ [2003] No. 180. 
88 LWJMJCZ [2003] No. 1037. 
89 SZF [2005] No. 9. 
90 Xia Fu Ban [2006] No. 117. 
91 Xiamen Trade Development Gui Cai [2006] No. 268. 
92 XZF [2007] No. 1. 
93 YYD [2008] No. 1. 
94 ZCQZ [2006] No. 207. 
95 CZF [2005] No. 45. 
96 FBF [2007] No. 53. WT/DS390/1, G/L/882,  
G/SCM/D83/1, G/AG/GEN/82 Page 10 
 
 
   
L-23. Notice of the Administrative Office of the Hangzhou Municipal People's 
Government on Revision of the Evaluation and Selection Requirements and 
Award Measures for the "Golden Dragon Awards" in Hangzhou's Foreign Trade 
Export
98; 
 L-24. Directives of the Administrative Office of the Hangzhou Municipal People's 
Government on Promoting the Developm ent of Independent Export Brands
99; 
 
L-25. Notice of the People's Government of Quanzhou Fengze District on Issuing 
Regulations Concerning the Support to Key Enterprises100; 
 L-26. Notice on Recommending of Alternative Name List for 2005-2006 "Export Brand 
Merchandise in Shanghai "
101; 
 
L-27. Implementing Rules of Support Policies for Patented Brands of Service 
Outsourcing Companies by Zhabei District102; 
 L-28. Notice of Shanghai Municipal Commission of Foreign Trade and Economic 
Cooperation for Carrying out Confirmation of 2007-2008 "Export Brands in 
Shanghai "
103; 
 L-29. Measures on Promoting th e Development of the City Open Economy in 2006
104; 
 L-30. Notices for Evaluation and Rewards of 2008-2009 Export Br and Particularly 
Cultivated and Developed in Heilongjiang
105; 
 L-31. Notice Regarding Support Policies to Prom ote the Development of Our City's 
Foreign Trade and Economic Cooperation for 2005
106; 
 L-32. Notice Regarding Selection of 2007-2008 "Jiangsu Province Export Brands for 
Focused Cultivation and Development ".
107 
 B. The measures listed in Section A above appear  to provide enterprises in China with grants, 
loans, and other incentives that are contingent up on export performance.  Accordingly, the measures 
appear to be inconsistent with Ar ticle 3 of the SCM Agreement.  Additionally, to the extent that these 
measures provide subsidies for agricultural products, th ey appear to be inconsistent with Articles 3, 8, 
9, and 10 of the Agreement on Agriculture.  The measu res also appear to be inconsistent with the 
China's obligations under paragraph 12.1 of Part I of its Accession Protocol
108, as well as 
                                                                                                                                                                     
97 WZB [2006] No. 147. 
98 Hang Zheng Ban [2007] No. 47. 
99 Hang Zheng Ban [2007] No. 10. 
100 Quanfengzhengzong [2008] No. 22. 
101 HJMMC [2005] No. 143. 
102 Economic Commission of Zhabei District, Shanghai (June 2007) available at:  
http://www.shiso.gov.cn/Policy/ZBPolicydetail.aspx?id=77. 
103 Available at:  http://www.1128.org/html/dzzw/g gl/2008/08/doc45735.shtml. 
104 Available at:  http://www.zh.gov.cn/English/Investme nt/Policy/200802/t2 0080218_19 097.htm. 
105 HSMF [2008] No. 37. 
106 Hang Wai Jing Mao Ji Cai [2005] No. 225;  Hang Cai Qi Er [2005] No. 602. 
107 Suwaijingmaomao 2007 No. 122. 
108 WT/L/432.  WT/DS390/1, G/L/882,  
 G/SCM/D83/1, G/AG/GEN/82  Page 11 
 
 
  paragraph 1.2 of Part I of its Accession Protocol (to the extent that it incorporates paragraph 234 of 
the Report of the Working Party on the Accession of China)
109, which forms part of the terms of 
accession agreed between the China and the WTO and is  an integral part of the Marrakesh Agreement 
Establishing the World Trade Organization.  Finally,  the grants, loans, and other incentives appear to 
be inconsistent with Article III:4 of the GATT 1994 to  the extent that the measures benefit products of 
Chinese origin but not imported products. 
 Guatemala looks forward to receiving your reply to the present request. I propose that a 
mutually convenient date and venue for these c onsultations be agreed between our two Missions. 
 
 
    
 
                                                     
 
109 WT/MIN(01)/3. WT/DS390/1, G/L/882,  
G/SCM/D83/1, G/AG/GEN/82 Page 12 
 
 
  Statement of Available Evidence
 
Pursuant to Article 4.2 of the SCM Agreement  
 
 
 This statement of available evidence relates to  the nature and existen ce of the subsidies in 
question. The grants, loans and other incentives of co ncern are reflected in the following measures, as 
well as in any amendments or any related or implementing measures. The grants, loans and other incentives of concern are those that appear to have  the character of prohib ited subsidies as they are 
contingent upon export performance. 
 
1. Circular of the General Office of the Stat e Bureau of Quality Supervision, Inspection and 
Quarantine for Issuing the "Mea sures for the Control of Evaluation of Chinese Famous-Brand 
Products (for Trial Implementation)"
110; 
 
2. Circular on Carrying Out Evaluation of Produc ts to Be Recognized as China World Top 
Brand111; 
 
3. Circular on Application of China World Top Brands in 2006112; 
 
4. Circular on Application of China World Top Brands in 2008113; 
 
5. Measures for the Administra tion of Chinese Name-Brand Products114; 
 
6. Product Quality Law of the People's Republic of China115; 
 
7. Decision of the State Council Concerning Several Issues on Further Strengthening Product Quality Work
116; 
 
8. Notice Concerning the Issuing of Opinions on Promoting the Brand-Driven Strategy & Its 
Incentive Measures117; 
 
9. Notice Concerning Printing and Distributin g the Implementation Regulation on Economic 
Development Fund Supporting Industrial Technol ogy Progress in Futian District Shenzhen118; 
 
10. Notice of Gansu Provincial People's Go vernment Concerning Printing and Distributing 
Incentive Methods for Enterprises Entitled with  Famous Brand Products  in Gansu Province119; 
 
11. Notice on Methods of Implementing Brand Prai se and Incentive for Industrial Enterprises in 
Guangxi Zhuang Autonomous Region120; 
 
                                                      
110 Guozhijian [2001] No. 32. 
111 GZJZ [2005] No. 95. 
112 ZJZH [2006] No. 11. 
113 ZJZH [2008] No. 23. 
114 AQSIQ Order No. 12 (29 December 2001). 
115 Adopted at the 30th Meeting of  the Standing Committee of the Seventh National People's Congress 
on 22 February 1993. 
116 Issued by Document Guofa No. 24 [1999] of the State Council on 25 December 1999. 
117 FFB [2007] No. 274. 
118 FBF [2007] No. 53. 
119 GZF [2007] No. 72. 
120 Gui Zheng Ban Fa [2007] No. 42.  WT/DS390/1, G/L/882,  
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  12. Several Related Policies on Implementa tion of Guiyang's Science and Technology 
Development Planning During the "Eleventh Five-Year Plan" (2006-2010)
121; 
 
13. Opinions of the Party Committee and People' s Government of Jinhua City on Promoting the 
Building of "Jinhua Brand"122; 
 
14. Circular on Jiujiang Municipal People's  Government on Adjusting and Enriching the 
Incentive Policy for Creating a City of Brand123; 
 
15. Circular on Printing and Distributing the Method of Nanhai District, Foshan City for Supporting and Awarding Independe nt Innovation, Brand Drive and Enterprise IPO (NF [2007] 
No 128); 
 
16. Opinions of Nanping Municipal People' s Government on Supporting Development of Key 
Industrial Enterprise
124; 
 
17. Opinions on Promoting Fast and Healthy D evelopment of Characteristic Manufacturing 
Industry through Implementing Industrial Upgrading Projects125; 
 
18. Circular of Sichuan Provin cial People's Government on Printing and Distributing the 
"Opinions on Forcefully Pressing Ahead I ndustrial Brands Strategy in Sichuan"126; 
 
19. Circular on Forwarding the Detailed Reward Rul es for the Strategy of Drive with Top Brands 
in Suzhou City127; 
 
20. Circular on Forwarding the Policy Measures for Pushing on the Strategy of Drive with Top 
Brands128; 
 
21.  Notice Issued by the Office of Wenzhou Muni cipal Government for the Distribution of Quality 
& Branding Award Manageme nt Measures in Wenzhou129; 
 
22. Opinions of Wuyi County Party Co mmittee and People's Government on Further 
Encouraging and Promoting the Development of SMEs130; 
 
23. Notice Concerning Printing and Distributing the Implementing Regulations Issued by the 
Bureau of Finance and the Economic Development Administration of Xiamen to Support the 
Development of High Quality Well-Known Products in Xiamen131; 
 24. Suggestions on Supportin g Key Industrial Enterprises Issued  by the People's Government of 
Yandu District, Yancheng City
132; 
                                                      
121 ZFF [2006] No. 51. 
122 SW [2006] No. 21. 
123 JZW [2007] No. 93. 
124 Nan Zheng Zong [2007] No. 219. 
125 QWF [2007] No. 20. 
126 CFF [2007] No. 38. 
127 SFB [2005] No. 109. 
128 SFB [2005] No. 115. 
129 WZB [2006] No. 147. 
130 Available at:  http://www.zjwy.gov.cn/dzwk/w j_style.jsp?fileID=1312. 
131 Xiacaiqui [2007] No. 21. 
132 DZF [2007] No. 102. WT/DS390/1, G/L/882,  
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25. Suggestions on Accelerating the Implementation of Brand Strategy
133; 
 
26. Circular on Ensuring Proper Use and M anagement of Guangdong Brand Development 
Fund134; 
 
27. Notice of Issuing the Directive on Supporti ng the Development of Name Brands for Export135; 
 
28. Notice of General Office of Ministry of Commerce Concerning Recommending Candidates of 
"Chinese Export Famous Brands"136; 
 
29. Circular of Changxing County People's Government on Further Promoting Foreign Trade 
Development137; 
 
30. Opinions of Deqing County People's Governme nt on Strengthening the Building of Advanced 
Manufacturing Bases138; 
 
31. Circular on Printing and Distributing the Policy Opinions for Accelerating Innovative 
Development of Industrial Economy139; 
 
32. Circular on Printing and Distributing the "Provisional Regulation on the Use of Fujian Export Brand Development Fund"
140; 
 
33. Circular of the Foreign Trade and Economic Cooperation Department of Fujian Province on 
Recommending Candidate Enterprise for the 2008-2009 "Famous Export Brands the Foreign Trade 
and Economic Cooperation Department of Fu jian Province Mainly Cultivates and Develops"141; 
 
34. Circular on Printing and Distributing the Opinions on Recognizing "Famous Export Brands 
the Foreign Trade and Economic C ooperation Department of Guangdon g Province Mainly Cultivates 
and Develops"142; 
 
35. Suggestions on the "Export Brands Particularly Cultivated and Developed by the Department 
of Foreign Trade and Economic Cooperation De partment of Guangdong Province" (Revised 
edition)143; 
 
36. Notice Concerning Alternative Name List Supplementary to the Export Brands Particularly 
Cultivated and Developed by the Department of  Foreign Trade and Economic Cooperation of 
Guangdong Province144; 
 
                                                      
133 ZZF [2007] No. 81. 
134 YCF [2007] No. 64. 
135 Shang Mao [2005] No. 124. 
136 SBMH [2007] No. 25. 
137 CZF [2005] No. 45. 
138 DZF [2008] No. 29. 
139 CZF [2007] No. 54. 
140 MCW [2007] No. 17. 
141 MWJMF [2008] No. 31. 
142 YWJMJZ [2007] No. 1. 
143 Available at:  http://www.gddoftec.gov.cn/jsmyc/main/s hownews.asp?newsid=299&channalid=16. 
144 YWJMJH [2008] 31.  WT/DS390/1, G/L/882,  
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  37. Notice Regarding Support Polic ies to Promote the Development of Our City's Foreign Trade 
and Economic Cooperation for 2005
145; 
 
38. Notice of the Administrative Office of th e Hangzhou Municipal People's Government on 
Revision of the Evaluation and Selection Requiremen ts and Award Measures for the "Golden Dragon 
Awards" in Hangzhou's Foreign Trade Export146; 
 
39. Directives of the Administrative Office of the Hangzhou Municipal People's Government on 
Promoting the Development of Independent Export Brands147; 
 
40. Circular of the Provincial Department of  Commerce, Development and Reform Commission, 
Economic Commission, Department of Finance, De partment of Science and Technology, Bureau of 
State Tax, Administration for Industry and Commerce, Bureau of Quality and Technical Supervision, and Entry-Exit Inspection and Quarantine Bureau of Heilongjiang Province and Harbin Customs on 
Printing and Distributing the "Guiding Opin ions of Heilongjiang Province on Supporting the 
Development of Famous Export Brands
148; 
 
41. Circular on Printing and Distribution the Newly Revised "Method for Selection of Henan 
Famous Export Brands"149; 
 
42.  Guiding Opinions on Supporting the Devel opment of Henan (Famous) Export Brands in the 
"11th Five-Year Plan" Period150; 
 
43. Circular on Carrying Out Survey on the Brand Bu ilding Status of the Enterprises with 
Provincial Famous Export Brands151; 
 
44. Notice Regarding Selection of 2007-2008 "J iangsu Province Export Brands for Focused 
Cultivation and Development"152; 
 
45. Opinions on Promoting Better and Quicker Development of Private Economy153; 
 
46. Opinions of Jindong District Party Comm ittee and People's Government of Jinhua City on 
Accelerating Industrial and Expor t-Oriented Economic Development154; 
 
47. Status for the Support and Cultivation of  Famous Export Brands in Jiangxi Province155; 
 
48. Notice of the Department of Commerce and Department of Finance of Ningxia Hui 
Autonomous Region on Printing and Issuing the Admi nistrative Measures of Ningxia Hui Autonomous 
Region for the Awarding and Promo ting of Brand Export Commodities156; 
 
                                                      
145 Hang Wai Jing Mao Ji Cai [2005] No. 225;  Hang Cai Qi Er [2005] No. 602. 
146 Hang Zheng Ban [2007] No. 47. 
147 Hang Zheng Ban [2007] No. 10. 
148 Hei Shang Lian Fa [2006] No. 1. 
149 Yu Shang Mao [2008] No. 1. 
150 Yushangmao [2006] No. 13. 
151 Available at:   http://www.yzwjm.gov.cn/Artic le_Show.asp?ArticleID=1329. 
152 Suwaijingmaomao 2007 No. 122. 
153 JZF [2007] No. 113. 
154 Available at:   http://zsj.jindong.gov.cn/news/ZCFG_9214/200811431343.html. 
155 Special Commissioner's Office in Shanghai (19-04-2007). 
156 Ning Shang (Gui Cai) FA [2006] No. 159. WT/DS390/1, G/L/882,  
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  49. Notice of the People's Government of Quanz hou Fengze District on Issuing Regulations 
Concerning the Support to Key Enterprises
157; 
 
50. Notice on Printing and Distribution of 200 6 Policies for Encouraging the Development of 
Foreign Trade & Economic Cooperation in Shandong158; 
 
51. Opinions of Shaoxing Municipal People' s Government on Further Encouraging the 
Development of Open Economy in Urban Areas159; 
 
52. Circular on Forwarding the Opinions of Foreign Trade Office of Tianjin Municipal Government on Accelerating Development of Proprietary Export Brands of Tianjin City
160; 
 
53. Circular of Wuxing District People's Govern ment of Huzhou City on Further Encouraging 
Foreign Trade Development161; 
 
54. Measures for Managing Xiamen's Key Export Enterprise Assistance Fund162; 
 
55. Notice from the Xiamen Trade Development Bureau and the Xiamen Finance Bureau on the 
publishing of Measures for Managing Xiamen 's Key Export Enterprise Assistance Fund 
Implementation Plan163; 
 
56. CPC Committee of Yinzhou District, Ningbo City People's Government of Yinzhou District, 
Ningbo City Opinions on Promoting Economic Development of Yinzhou District164; 
 
57. Notice on Publication of Interim Proce dures on Management of Zhejiang Province Export 
Brands Fund165; 
 
58. Notice Concerning Relevant Policies on Promotion of Foreign Trade & Economic 
Development in 2005166; 
 
59. Opinions on Accelerating Open Economy of Organizations Directly Under Municipal 
Government167; 
 
60. Circular of Nanchang Municipal People's Government on Printing and Distributing the 
Interim Measures for Administration of Nanchang Foreign Trade Development Fund168; 
 
61. Trial Opinions of Jiangdong District, Ni ngbo City on Promoting Steady Foreign Trade 
Development169; 
 
                                                      
157 Quanfengzhengzong [2008] No. 22. 
158 LCQ [2006] No. 5. 
159 SZF [2007] No. 66. 
160 JZF [2007] No. 005. 
161 WZF [2005] No. 9. 
162 Xia Fu Ban [2006] No. 117. 
163 Xiamen Trade Development Gui Cai [2006] No. 268. 
164 YYD [2008] No. 1. 
165 ZCQZ [2006] No. 207. 
166 ZCQZ [2005] No. 145. 
167 LZF [2004] No. 38. 
168 Hong Fu Fa [2007] No. 31. 
169 DZF [2004] No. 13.  WT/DS390/1, G/L/882,  
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  62. Opinions of Jiangdong District, Ningbo  City on Promoting Steady Foreign Trade 
Development
170; 
 
63. 2005 Policies for Encouraging the Developmen t of Foreign Trade & Economic Cooperation 
in Shandong171; 
 
64. Notice on Printing and Distribution of 2003 Policies for Encouraging and Expanding 
Foreign Trade Export to Shandong172; 
 
65. 2004 Policies for Encouraging the Developmen t of Foreign Trade & Economic Cooperation 
in Shandong173; 
 
66. Opinions on Further Accelerati ng the Development of Open Economy174; 
 
67. Circular on Changxing County People's Govern ment on Further Promoting Foreign Trade 
Development175; 
 
68. Circular on Printing and Distributing the Interim Measures of Yangzhou City for 
Administration of the Incentive Fund for Famous-brand Export Products176; 
 
69. Notice on Recommending of Alternative Name List for 2005-2006' "Export Brand Merchandise in Shanghai"
177; 
 
70. Implementing Rules of Support Policies fo r Patented Brands of Service Outsourcing 
Companies by Zhabei District178; 
 
71. Measures for the Administration of Fa mous-Brand (Industrial)  Products of Guangdong 
Province179; 
 
72. Measures for the Administration of Fam ous-Brand (Agricultural)  Products of Guangdong 
Province180; 
 
73. Notice of Shanghai Municipal Commission of Foreign Trade and Economic Cooperation for 
Carrying out Confirmation of 2007-2008 "Export Brands in Shanghai"181; 
 
74. Measures on Promoting the Developm ent of the City Open Economy in 2006182; 
                                                      
170 Dong Zheng Fa [2005] No. 25. 
171 Available at:  http://shandong.mofcom.gov.cn/aarticle/sjtongzhigg/200502/20050200018389.html. 
172 LWJMJCZ [2003] No. 180. 
173 LWJMJCZ [2003] No. 1037. 
174 XZF [2007] No. 1. 
175 CZF [2005] No. 45. 
176 YCQ [2007] No. 23;  YWJMM [2007] No. 008. 
177 HJMMC [2005] No. 143. 
178 Economic Commission of Zhabei District, Shanghai (June 2007) available at: 
http://www.shiso.gov.cn/Policy/ZBPolicydetail.aspx?id=77. 
179 Available at:   http://www.lawinfochina.com/law/d isplay.asp?db=1&id=2737&keyword= 
famous%20brand%20guangdong. 
180 Available at:  http://www.lawinfochina.com/law/d isplay.asp?db=1&id=2768&keyword= 
famous%20brand%20guangdong. 
181 Available at:  http://www.1128.org/html/dzzw/g gl/2008/08/doc45735.shtml. 
182 Available at:  http://www.zh.gov.cn/English/Investme nt/Policy/200802/t2 0080218_19 097.htm. WT/DS390/1, G/L/882,  
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75. Shanghai Export Brands List  of Awardees in 2005-2006
183; 
 
76. 11th Five Year Plan Guidelines184; 
 
77. Notices for Evaluation and Rewards of 2008- 2009 Export Brand Particul arly Cultivated and 
Developed in Heilongjian185; 
 
78. Circular of Ministry of Commerce, China Export & Credit Insurance Corporation 
Concerning Utilizing Export Credit Insurance to Support the Development of Name Brand Export .186 
  
__________  
                                                     
 
183 Available at:  http://www.maofa.sh.cn/shangbiao/pingpai.asp. 
184 Available at:  http://ghs.ndrc.gov.cn/ghjd/115gyxj/010a.htm. 
185 HSMF [2008] No. 37. 
186 Shang Mao Fa [2005] No. 332.